South Africa: Stopping People From Letting Their Cattle Graze Amounts to Eviction, Says Judge

The Land Claims Court has ruled that removing grazing rights can amount to an eviction.The Constitutional Court has said that a"blinkered" approach must be avoided when interpreting a remedial act such as the Extension of Security and Tenure Act .

Previously, courts in South Africa, including the Supreme Court of Appeal , held that the Act was for housing rights, and that grazing was only permitted with the consent, tacit or otherwise, of the landowner. "If an occupier is deprived against his or her will of the right to use grazing linked to such right of residence, it will amount to an eviction and, in turn, it will be subject to the protections of ESTA," said Judge Cowen.

In the matter before her, the Moladora Trust, which owns a farm in North West Province, brought an application against the children of Meriam Mereki, a former farm employee who died on an unspecified date"before 2017". "This definition clearly indicates that the ambit is not restricted to deprivation of residence on land, but includes the use of land which is linked to the right of residence," she said.

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